PD Current and Getting Divorce from My Wife


Sam2012

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Hi,

My PD is current in Feb2012 VB and I am getting separation from my wife.

It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny.

I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy.

So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife.

Thanks,

Sam.

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Hi,

My PD is current in Feb2012 VB and I am getting separation from my wife.

It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny.

I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy.

So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife.

Thanks,

Sam.

just file.

you dont know when you will marry again.

is the divorce completed?

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It's sad to hear these kinds of news. Hope you have enough strength to face your current situation.

If you are applying for GC, you would be free. But your future wife may have to wait probably one to 2 years. Again to determine this, there are many factors like how soon you are getting married, based on your priority date, based on USCIS I-485 inventory list etc.

Now a days many people are getting GC. May be who knows you may find someone who is already having a GC. In that case, you waiting is unnecessary.

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Hi,

My PD is current in Feb2012 VB and I am getting separation from my wife.

It's very sad story. It’s not ego problem or anything she is living with someone else and she just cheated me so there will be no room for understanding. Divorce is my final destiny.

I am currently on H1 visa, my wife came on H4 and converted to F1, as soon as she got F1 and getting her Master's done.. She showed me her true color of her and started in live-in with other guy.

So In my case what should I do? Should I wait for filing my 485 until I got marry again or I should apply for 485 and think about F2A category for future wife.

Thanks,

Sam.

First file for divorce so you dont have to worry about it and most important of all she wouldnt be eligble for GC. i would say wait for 485 filing if you are have job security.

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You can consult a lawyer on what separation means for her green card filing. In some states, separation is a first stage to divorce, and generally, she would not be able to file I-485 while in separation. In other states, she might be able to file for a green card. She should contact a lawyer to understand her options, and my advice to you is a) not try to keep her from filing and b) not try to rush into another marriage. Do your due diligence.

I think you also look at your situation from the bright side. Your wife does not appear to be using you for a green card, and since she moved in with another guy, you are unlikely to be on a hook for spousal support. In the long run, you were unlikely to be happy anyway, so this is all for the better.

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You can consult a lawyer on what separation means for her green card filing. In some states, separation is a first stage to divorce, and generally, she would not be able to file I-485 while in separation. In other states, she might be able to file for a green card. She should contact a lawyer to understand her options, and my advice to you is a) not try to keep her from filing and b) not try to rush into another marriage. Do your due diligence.

I think you also look at your situation from the bright side. Your wife does not appear to be using you for a green card, and since she moved in with another guy, you are unlikely to be on a hook for spousal support. In the long run, you were unlikely to be happy anyway, so this is all for the better.

Thanks Belle. The Divorce process is going on in India. She is not aware that my PD is current and I think she has no intrest in GC. Sure I will not rush for Marriage in GC. Sure I will not rush for another Marriage Just looking for future option.

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Thanks Belle. The Divorce process is going on in India. She is not aware that my PD is current and I think she has no intrest in GC. Sure I will not rush for Marriage in GC. Sure I will not rush for another Marriage Just looking for future option.

Is there a particular reason why you want to divorce in India? My gut feeling is to check with a divorce lawyer in the US who dealt with international marriages to understand how this is going to square out. You don't want to think things were settled, and then have your ex go to court and try to declare divorce invalid. Otherwise, take care of yourself.

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The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :(

Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India.

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The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :(

Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India.

Sam I don't know what to advice but be strong and All the best for your future. She is just not worth it. All I can say is to file your 485 ASAP.

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Well, if she is in the US, you should probably file in the US. It absolutely does not matter where the marriage was performed. Marriage is marriage. It does not need to be "registered" anywhere else. You should at least try to divorce in the US. Get a consultation with a US lawyer.

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The reason is that, I don't know where she is in USA. She doesn’t want to provide me her address or phone number or email address. I only come to know that she is living with another guy is by my insurance company since I we had Join insurance . My parents are only can contact to her parent and her parent doesn’t want to provide her USA contact Information... I am so stuck here , I am leaving alone and facing all this cheating alone here. :(

Since Marriage was registered in India only... our Matrimonial Lawyer told us to file case in India.

Sam, even though the marriage was registered in India, you can still file for divorce in US. It will be simpler if ur wife also agrees to the divorce and go through mutual consent. Divorce judgement if given out of country and is "in absentia" or "default" (becos other person didn't show up) will not be accepted in indian court.

Even if your soon-tobe-exwife is not willing to come to court hearing, she can fillup a exception request form and send it to the attorney for mutual consent divorce.

Thats the best course for both if u want to get divorced in US.

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